Florida: Court Indicates There is a Presumption Against “Borrowed Servant” Status

Florida: Court Indicates There is a Presumption Against “Borrowed Servant” Status

Quoting Larson’s Workers’ Compensation Law, a Florida appellate court reversed a trial court’s ruling that a firm was immune from tort liability because the injured party was its “borrowing servant.”  The appellate court indicated that there was a presumption that the injured party was not a borrowed servant.  Moreover, it was not clear which of two entities contracted for the injured party's services, supervised him, or benefitted from his work.  It was also unclear whether the defendant company had the power to control the details of the injured party's work since there was testimony that the injured party was partly supervised by a general employer.  The factual issues precluded summary judgment on the issue.

Reported by Thomas A. Robinson, J.D.

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See Suarez v. Transmontaigne Servs., Inc., 2013 Fla. App. LEXIS 19195 (Dec. 4, 2013) [2013 Fla. App. LEXIS 19195 (Dec. 4, 2013)]

See generally Larson’s Workers’ Compensation Law, § 67.01 [67.01]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.



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